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Due Process - What is Due Process under IDEA?

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Updated April 09, 2014

What is Due Process?

What is Due Process?

What is Due Process - Getty
Definition: Due process is a requirement under the Individuals with Disabilities Education Act (IDEA) that sets forth regulatory basis for a formal set of policies and procedures to be implemented by schools and districts for children in special education programs.

Due process is intended to ensure that children with learning disabilities and other types of disabilities receive a free appropriate public education. These policies and procedures are typically described in a school district's procedural safeguards statement and local policies. Procedural safeguards are sometimes referred to as parent rights statements.

Due process requirements were set forth in the IDEA with the intention that, if followed, they would help to facilitate appropriate decision making and services for children with disabilities.

Examples:
IDEA due process requires that parents or legal guardians be informed and included in IEP team decisions.

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